Published: Wednesday, January 29, 2014 at 5:50 p.m.

Last Modified: Wednesday, January 29, 2014 at 5:50 p.m.

A Marion County woman has failed to win a reprieve from the life prison term she is serving for the death of her 2-year-old adopted daughter.

On Jan. 14, attorney Daniel Habib stood before a three-judge panel from the 5th District Court of Appeal and argued that his client, Violet Love Ray, 39, is entitled to a judgment of acquittal because she is innocent and the state has still not met its burden of proof.

He called Ray a “capable and devoted” mother who looked after some of the Department of Children and Families’ most unfortunate children. She and her husband adopted six children — including the victim, Faith.

One week after hearing that argument, however, the appellate court affirmed the trial court’s decision.

“Another travesty in the life of the Ray family occurred when the court denied the appeal of a wrongly convicted, innocent woman,” said Laura Rogers, Ray family spokeswoman. “Violet has suffered not only the loss of her child in a tragic accident but also this false conviction. We, along with her husband, family, friends and neighbors, stand by her innocence and plan to continue in our fight to bring Violet home.”

The brown-haired, brown-eyed Ray is housed at the Florida Department of Corrections Women’s Reception Center north of Ocala.

In 2012, a jury found Ray guilty of first-degree murder, aggravated child abuse and child neglect. During trial, the prosecution presented evidence that Faith died of a lethal head injury in December 2008 at the hands of Ray.

The defense argued the toddler fell and bumped her head, and that a medical condition that caused the child to bruise easily exacerbated the injury.

At the 5th District Court of Appeal, three judges heard the case, including Judge Wendy Berger, who said the testimony revolved around circumstantial evidence and that inconsistent testimony has now led to a battle of experts from each side.

“The state is not required to rebut conclusively every variation of events to be inferred from the evidence, only to introduce competent evidence which is inconsistent with your client’s theory,” Berger told Habib during the Jan. 14 oral arguments. “If that’s the situation, then it goes to the jury and the chips fall where they may.”

In Ray’s defense, Habib told the appellate court that the Ray family had given numerous non-criminal explanations for the bruises found on the victim’s back, buttocks and leg.

As for the 13 separate impacts to the child’s head, the defense argued that the state must prove the impacts were intentional and inflicted at the same time as the fatal injury.

According to Assistant Attorney General Kellie Nielan, testimony from one doctor at trial indicated it is uncommon to see these injuries in patients who took a fall, but they are common in cases of abused children.

The state argued the injuries were akin to falling four stories. Habib said it’s possible to sustain such injuries after falling from a much shorter distance.

“It’s the state’s position that the evidence was more than sufficient,” Nielan said.

In his rebuttal, Habib argued that while the Ray camp does not believe Violet Ray’s husband, Joe, was responsible for Faith’s death, the state did not present evidence as to who inflicted the injuries.

During Violet Ray’s 2012 sentencing hearing before Circuit Judge Robert Hodges, Ray’s supporters described her as a loving and caring mother.

Ray cried hysterically during the proceedings and was barely able to speak, but did tell Hodges how much she loved her daughter.

“I wish that I had died instead,” she said.

Contact April Warren at 867-4065 or april.warren@ocala.com. Follow her on Twitter @ajtwarren.

<p>A Marion County woman has failed to win a reprieve from the life prison term she is serving for the death of her 2-year-old adopted daughter.</p><p>On Jan. 14, attorney Daniel Habib stood before a three-judge panel from the 5th District Court of Appeal and argued that his client, Violet Love Ray, 39, is entitled to a judgment of acquittal because she is innocent and the state has still not met its burden of proof.</p><p>He called Ray a “capable and devoted” mother who looked after some of the Department of Children and Families' most unfortunate children. She and her husband adopted six children — including the victim, Faith.</p><p>One week after hearing that argument, however, the appellate court affirmed the trial court's decision.</p><p>“Another travesty in the life of the Ray family occurred when the court denied the appeal of a wrongly convicted, innocent woman,” said Laura Rogers, Ray family spokeswoman. “Violet has suffered not only the loss of her child in a tragic accident but also this false conviction. We, along with her husband, family, friends and neighbors, stand by her innocence and plan to continue in our fight to bring Violet home.”</p><p>The brown-haired, brown-eyed Ray is housed at the Florida Department of Corrections Women's Reception Center north of Ocala.</p><p>In 2012, a jury found Ray guilty of first-degree murder, aggravated child abuse and child neglect. During trial, the prosecution presented evidence that Faith died of a lethal head injury in December 2008 at the hands of Ray.</p><p>The defense argued the toddler fell and bumped her head, and that a medical condition that caused the child to bruise easily exacerbated the injury.</p><p>At the 5th District Court of Appeal, three judges heard the case, including Judge Wendy Berger, who said the testimony revolved around circumstantial evidence and that inconsistent testimony has now led to a battle of experts from each side.</p><p>“The state is not required to rebut conclusively every variation of events to be inferred from the evidence, only to introduce competent evidence which is inconsistent with your client's theory,” Berger told Habib during the Jan. 14 oral arguments. “If that's the situation, then it goes to the jury and the chips fall where they may.”</p><p>In Ray's defense, Habib told the appellate court that the Ray family had given numerous non-criminal explanations for the bruises found on the victim's back, buttocks and leg.</p><p>As for the 13 separate impacts to the child's head, the defense argued that the state must prove the impacts were intentional and inflicted at the same time as the fatal injury.</p><p>According to Assistant Attorney General Kellie Nielan, testimony from one doctor at trial indicated it is uncommon to see these injuries in patients who took a fall, but they are common in cases of abused children.</p><p>The state argued the injuries were akin to falling four stories. Habib said it's possible to sustain such injuries after falling from a much shorter distance.</p><p>“It's the state's position that the evidence was more than sufficient,” Nielan said.</p><p>In his rebuttal, Habib argued that while the Ray camp does not believe Violet Ray's husband, Joe, was responsible for Faith's death, the state did not present evidence as to who inflicted the injuries.</p><p>During Violet Ray's 2012 sentencing hearing before Circuit Judge Robert Hodges, Ray's supporters described her as a loving and caring mother.</p><p>Ray cried hysterically during the proceedings and was barely able to speak, but did tell Hodges how much she loved her daughter.</p><p>“I wish that I had died instead,” she said.</p><p>Contact April Warren at 867-4065 or april.warren@ocala.com. Follow her on Twitter @ajtwarren.</p>